HOUSE DOCKET, NO. 2426        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2349

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan and Priscila S. Sousa

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to health education in women's correctional institutions.

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PETITION OF:

HOUSE DOCKET, NO. 2426        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2349

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to health education in women's correctional institutions.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after Section 16A the following new sections:-

Section 16B. Upon admission to a correctional institution and at any time thereafter, the health services unit in each correctional institution where women are incarcerated shall make available to all prisoners written information on women’s health, contraception, and sexually transmitted infections. A user-friendly, culturally competent, and linguistically diverse brochure containing the aforementioned information shall be created and distributed by the department of public health.

Section 16C. Not less than 4 months prior to the date of release for a female prisoner of child-bearing age, the medical director of the correctional institution where the prisoner is incarcerated shall offer the prisoner contraception counseling and a gynecological exam including a Pap Test. Following said counseling, the medical director shall offer to provide her with the form of contraception she so chooses including but not limited to: female condoms, male condoms, diaphragm, cervical cap, intra-uterine device, prescription birth control, or contraceptive sponges. If the prisoner selects a type of contraception that must be taken for a period of time before it becomes effective, then the prisoner shall begin the regimen not less than three months prior to her date of release. Said medication shall be distributed during regular medication distribution. Upon her release, the medical director shall furnish the woman with a 12  month prescription to refill her medication, a referral to a pharmacy or doctor where said prescription can be refilled, a referral to a primary care physician or gynecologist for follow up care, and a MassHealth card with access to Medicaid. The foregoing notwithstanding, no prisoner shall be required to undergo a gynecological exam or accept or utilize any type of contraception.

SECTION 2. Said chapter 127, as so appearing, is hereby further amended by inserting after Section 96B the following new section:-

Section 96C. The superintendent of each correctional institution where women are incarcerated shall offer a curricula on health education open to all eligible incarcerated people in said institutions. A curricula shall be created and shall include, but not be limited to, the following topics: general health, nutrition, mental health, women’s health concerns, domestic violence, substance abuse, sexually transmitted infections, contraception, emergency contraception, sex education, pregnancy, infant care, and child development. Said curricula shall be developed in consultation with the department of public health, shall be reevaluated annually, and offered regularly on a monthly basis.